The holiday of September 15, which commemorates 199 years of independent life in Costa Rica, this year its enjoyment is brought forward to Monday, September 14.
This is one of the holidays that were transferred by law 9875, approved to promote tourism, given the effects of the national emergency caused by the coronavirus. Specifically, the norm adds a transitory one to article 148 of the Labor Code, which moves some holidays to Mondays, during the years 2020 to 2024.
It is important to note that the law establishes that no working person is obliged to work on that holiday, only if they agree. So, if a collaborator refuses to work on that date, they cannot be sanctioned for that cause. The provisions of articles 150 and 152 of the Labor Code are excepted from this rule.
Regarding the recognition of the salary payment of the holiday, it will be determined by the payment method of the company. Those who pay weekly salary, that is, who recognize in salary only the time actually worked for the week, must pay for the days worked during that week and add a simple salary for Monday, September 14. If you work on a holiday, the additional salary must be double that day.
Those companies that pay monthly or biweekly and those that carry out commercial activity that do so weekly, recognize the salary of every day of the month, even if they are weekly breaks or holidays. In these cases, they must pay the full salary for the week, fortnight or month, including September 14. If they work that day, they must add the salary of a single day so that the double pay that the law establishes is completed.
If overtime is worked on the holiday, they must be paid at a double time and a half, that is, triple pay.
It must be taken into consideration that, even if the company is national, transnational or international, it must grant that holiday to the civil servants who work in the country. Any agreement on the waiver of the enjoyment of holidays is absolutely void according to the Labor Code.